Why reinvent the wheel? Drafting employment contracts, policies, termination letters and releases based on a past precedent is often a good place to start. It is usually both time and cost efficient, and for someone unfamiliar with the document, it’s a great learning opportunity. When using a precedent or online resource, here are the top 3 tips to ensure the document is legally enforceable in your workplace.
There are some professions that are automatically seen as having a strong impact on our world and are accepted as having the capability of making our world a better place. Human Resource Management however is often seen as having the potential to make significant impact on business success, rarely do we extend that assessment to the economy and nation building. But the Human Resource profession may just be the answer to some of the social, political and economic challenges being faced in Canada today.
The question of “can an employee “sign away” their human rights?” became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.
Here are a few suggestions on how to keep the busy holiday season a safe and enjoyable one at your workplace.
Non-disclosure clauses in human rights settlements: Understand them before you sign on the dotted line
At the Human Rights Tribunal of Ontario (the “Tribunal”), a settlement is sometimes reached without having to resort to a hearing. If so, parties will sign a “Minutes of Settlement” agreement, which will almost always contain a non-disclosure clause outlining what can be said, if anything, in regard to the settlement. In the event that a party breaches the non-disclosure agreement, they may find themselves returning to the Tribunal sooner than expected.
As spring is upon us, it is an appropriate time of the year for an organization to perform an audit of its human resources process. HR audits ensure regulatory and organizational policy compliance, while proactively pursuing internal efficiencies and excellence. Regular and systematic audits demonstrate due-diligence to regulatory bodies (e.g. Ministry of Labour) and promote a proactive, preventative approach to HR issues, subsequently reducing risk and liabilities.
It seems a lot of heated HR issues have begun to resurface in the news recently. From the accommodation of medical marijuana to the legality of unpaid internships, these are some issues that have been plaguing HR professionals in recent years.
Three of the most popular articles this week on HRinfodesk deal with an excessive termination for a safety violation; an harassment complaint based on the prohibited ground of gender and how human resource issues can be challenging for volunteer boards of not-for-profit.
Employee engagement surveys are a great “trick” to measure the pulse of your organization and to increase employee engagement. Even small employers can conduct and analyze results in a low cost, time effective manner.
I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.
Balancing one-year contracts with pregnancy leave – Outcome of Human Rights Board of Inquiry hearing
On June 13, 2013, a Nova Scotia Human Rights Board of Inquiry rendered its decision on the pregnancy related case I discussed last month. Essentially, the case was about a difference of opinion and a clash of wills between two strong-minded individuals. The fact that the employee was pregnant at the time was simply ruled to be a “temporal coincidence”.